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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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Canada | Publication | June 9, 2023
On June 1, 2023, Quebec parliamentarians unanimously passed Bill 19, which aims to prohibit work performed by children under the age of 14, subject to exceptions, and to regulate the work of children aged 16 and under, who are subject to compulsory school attendance.
As we wrote in a legal update following the presentation of Bill 19 to the National Assembly last March, the aim of this bill is to provide a better framework for the employment of young workers, following a marked increase in occupational injuries among young people and the impact on their academic success. Bill 19 was passed almost in its entirety, with only one amendment following special consultations held by the Committee on Labour and the Economy last April.
The purpose of this legal update is to inform employers of their obligations following the enactment of the Act respecting the regulation of child labour.
The minimum legal age for working in Quebec is now 14, subject to the following exceptions set out in the Regulation respecting labour standards (the "Regulation"):
In the last three cases, children must work under adult supervision at all times.
The only amendment made to Bill 19 is the addition of an exception for children aged 12 and over working on a farm. This addition was made following representations made by many agricultural producers during special consultations held by the Committee on Labour and the Economy.
In any of the exceptional situations provided for in the Regulation, the employer must obtain authorization from the child's parent or guardian using the form established by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (the "CNESST").
In particular, the employer must include in the form a description of the main tasks performed by the child, the maximum number of working hours per week and the periods of availability. Any subsequent changes to these elements require the written consent of the child's parent or guardian. The employer is also required to keep the form on file for a period of three (3) years.
Bill 19 was passed on June 1, 2023. As a result, the prohibition on employing children under the age of 14 applies from that date, subject to the exceptions described above.
As of June 1, 2023:
No later than 30 days after the Bill is passed:
The employer may make the child work for the duration of this notice or pay them a compensatory indemnity equivalent to this duration.
As of September 1, 2023:
However, this prohibition will not apply to any period of more than seven (7) consecutive days during which no educational services are offered to the child.
In light of the above, the coming into force of the Act respecting the regulation of child labour imposes new obligations on employers, some of which require action by employers between now and July 1, 2023. It is therefore important for employers to review their situation to determine whether they have any young workers on the payroll, or whether they intend to hire any in the future.
Failure to comply with these new obligations could result in substantial financial penalties. First-time offenders are liable to a fine of $600 to $6,000, while repeat offenders can be fined up to $12,000.
The author wishes to thank Emilie Murakami, law student, for her help in preparing this legal update.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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